Utah Code § 63B-27-101

Highway bonds -- Maximum amount -- Use of proceeds for highway projects
Open in Lexace · Ask the AI about this section
(1)
(a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued under this
section may not exceed $1,000,000,000 for acquisition and construction proceeds , plus
additional amounts necessary to pay costs of issuance, to pay capitalized interest, and to
fund any existing debt service reserve requirements, with the total amount of the bonds not to
exceed $1,010,000,000 .
(b) When the Department of Transportation certifies to the commission that the requirements
of Subsection 72-2-124(7) have been met and certifies the amount of bond proceeds that
the commission needs to provide funding for the projects described in Subsection (2) for
the current or next fiscal year, the commission may issue and sell general obligation bonds
in an amount equal to the certified amount, plus additional amounts necessary to pay
costs of issuance , to pay capitalized interest, and to fund any existing debt service reserve
requirements, not to exceed 1% of the certified amount .
(c) The commission may not issue general obligation bonds authorized under this section if the
issuance of the general obligation bonds would result in the total current outstanding general
obligation debt of the state exceeding 50% of the limitation described in the Utah Constitution,
Article XIV, Section 1.
(2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds shall be
provided to the Department of Transportation to pay all or part of the costs of the following state
highway construction or reconstruction projects:
(a) state and federal highways prioritized by the Transportation Commission through the
prioritization process for new transportation capacity projects adopted under Section
72-1-304, giving priority consideration for projects with a regional significance or that support
economic development within the state, including:
(i) projects that are prioritized but exceed available cash flow beyond the normal programming
horizon; or
(ii) projects prioritized in the state highway construction program; and
(b) $100,000,000 to be used by the Department of Transportation for transportation
improvements as prioritized by the Transportation Commission for projects that:
(i) have a significant economic development impact associated with recreation and tourism
within the state; and
(ii) address significant needs for congestion mitigation.
(3)
(a) Forty-six million dollars of the bond proceeds issued under this section shall be provided to
the State Infrastructure Bank Fund created by Section 72-2-202 to make funds available for
a transportation infrastructure loan or transportation infrastructure assistance under Title 72,
Chapter 2, Part 2, State Infrastructure Bank Fund, including the amounts as follows:
(i) subject to Subsection (3)(b), $14,000,000 to the military installation development authority
created in Section 63H-1-201;
(ii) $5,000,000 to the Inland Port Authority created in Section 11-58-201, for highway,
infrastructure, and rail right-of-way acquisition, design, engineering, and construction, to be
repaid through tax differential; and
(iii) $7,000,000 to Midvale City for a parking structure in proximity to an intermodal
transportation facility that enhances economic development within the city.
(b) When the loan described in Subsection (3)(a)(i) is transferred in accordance with Section
72-2-202, the bond proceeds for the loan shall be provided to the military development
infrastructure revolving loan fund created in Section 63A-3-402.

(c) When the funds described in Subsection (3)(a)(ii) are transferred in accordance with
Subsection 72-2-202(8), the funds shall be provided to the inland port infrastructure revolving
loan fund created in Section 63A-3-402.
(4)
(a) Four million dollars of the bond proceeds issued under this section shall be used for a public
transit fixed guideway rail station associated with or adjacent to an institution of higher
education.
(b) Nineteen million dollars of the bond proceeds issued under this section shall be used by the
Department of Transportation for the design, engineering, construction, or reconstruction of
underpasses under a state highway connecting a state park and a project area created by a
military installation development authority created in Section 63H-1-201.
(c) Nine million dollars of the bond proceeds issued under this section shall be used by the
Department of Transportation for infrastructure improvements related to the Provo Airport.
(d) If project savings are identified by the Department of Transportation from the funds provided
to the Department of Transportation as described in this section, the Department of
Transportation may use available funding to study, design, engineer, and construct rail
access through I-80 in western Salt Lake County.
(5) The bond proceeds issued under this section shall be provided to the Department of
Transportation.
(6) The costs under Subsection (2) may include the costs of studies necessary to make
transportation infrastructure improvements, the costs of acquiring land, interests in land, and
easements and rights-of-way, the costs of improving sites, and making all improvements
necessary, incidental, or convenient to the facilities, and the costs of interest estimated to
accrue on these bonds during the period to be covered by construction of the projects plus a
period of six months after the end of the construction period, interest estimated to accrue on
any bond anticipation notes issued under the authority of this title, and all related engineering,
architectural, and legal fees.
(7) The commission or the state treasurer may make any statement of intent relating to a
reimbursement that is necessary or desirable to comply with federal tax law.
(8) The Department of Transportation may enter into agreements related to the projects described
in Subsection (2) before the receipt of proceeds of bonds issued under this section.

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.